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Debt recovery basics for business
July 21, 2021
If you are owed money for goods and/or services and it is overdue for payment you might be wondering what steps you can take to recover this money. Here, we outline some things to consider and steps that can be taken to recover debt.
Interview questions you can't ask
June 17, 2021
An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. So what are 'illegal' questions employers can't ask prospective employees?
Should I have a company as trustee of my SMSF?
February 22, 2021
The activities of a Self-Managed Superannuation Fund (SMSF) must be conducted through a trustee, so it is important to understand and consider the many benefits of having a company act as trustee during the set up phase.
Does your business have a Will? Buy-sell agreements
January 20, 2021
Most people recognise the importance of having a Will to set out how their estate is distributed when they die. If you are self-employed, a partner or co-director, having a ‘Will’ or succession plan for your business is equally important.
Protecting your Intellectual Property rights
November 16, 2020
Intellectual Property is a valuable business asset and it is important that you understand how to protect it. In this article we look at the different types of intellectual property and some of the basics for protecting your IP rights.
Anti-Phoenixing Laws and Director Penalty Notices
October 6, 2020
Company directors should be aware of new laws which target anti-phoenixing behaviour, increase a director's risk of being personally liable for certain company debts and which create new criminal offences and civil penalties.
Corporate governance: what does it mean?
September 3, 2020
Corporate governance affects the control and operation of all companies and organisations. What steps does a company or its board of directors need to take to demonstrate that they are exercising good corporate governance?
A guide to buying commercial premises
September 3, 2020
Buying commercial property is more complicated than buying a residential property. There are complex contract terms, detailed planning information and additional legal and commercial implications if the premises are leased.
The scope of fiduciary duties as a director once you resign
May 20, 2020
The fiduciary duty of a director will survive his or her resignation as a director, the scope and duration of that duty will be considered in light of the circumstances relevant to each case and the parties’ conduct.
Insurance Litigation
Income protection and TPD disputes
May 13, 2021
If you are dealing with a major illness or injury and have had to stop working on a temporary or permanent basis, you may need to claim on your income protection or total and permanent disability (TPD) insurance.
Been injured because of a defective product?
April 6, 2021
If you are thinking of claiming compensation for injuries you received because of a faulty product, you must understand what steps to take in order to give yourself the best chance of receiving the maximum compensation.
Deeds of indemnity, access and insurance
November 16, 2020
Directors have many responsibilities in carrying out their duties and may face legal or regulatory action exposing them to personal liability - some risks may be mitigated with a deed of indemnity, access and insurance.
Read this if making an insurance claim
June 25, 2020
Each year Australians spend millions on premiums for general insurance to protect hard-earned assets. Disasters such as storms, floods and bushfires affect numerous regions across our vast country. If you have suffered loss from such an event it is important to understand your rights when making a claim.
Commercial Litigation
When is a loan repayable on demand?
July 21, 2021
It is quite common for loans to be made between family members, friends, family companies or family trusts and for the terms to be quite vague. This can result in unintended consequences making the loan unrecoverable.
Alternatives to Bankruptcy
May 13, 2021
You may know someone who is having difficulty managing their financial affairs and has debts and liabilities which they cannot meet. They may be considering declaring themselves bankrupt, but there are alternatives.
Claiming compensation from a financial services business
January 20, 2021
If you have lost money because of a bank or financial advisor, or been unfairly treated by an insurer or superannuation fund, you may be entitled to compensation through the Australian Financial Complaints Authority.
Risks in referring to unattached documents in an agreement
January 20, 2021
Whenever an agreement refers to an unattached document there will always be an element of uncertainty. Where multiple unattached documents are referred to in an agreement this uncertainty increases exponentially.
Starting legal action - a step by step guide to the litigation process
July 28, 2020
If you are a business owner at some point it is likely you will consider suing someone to recover a debt, seek damages for a breach of contract, or to resolve an employment dispute, so it is important to understand the basic procedures involved.
How to keep your legal costs down - our top tips
June 25, 2020
Commercial disputes can be very costly and disruptive and the potential for legal costs to escalate is real when a matter is not properly managed. By following these tips you can help keep a lid on your legal costs while assisting your lawyer to provide sound advice to help resolve your legal dispute.
Leave to proceed against liquidated companies
June 25, 2020
A company's liquidation poses a general embargo on proceeding with or continuing litigation. Applications for leave to continue or commence proceedings are considered in light of the circumstances, available assets in the winding up and other creditors' interests.
Mediation in a commercial dispute - benefits
March 3, 2020
Court action is expensive and lawyers who are interested in the best outcomes for their clients will often recommend alternative dispute resolution options - mediation being one of the available options.
Personal liability for company directors
January 28, 2020
Company directors may be held personally liable for losses of the company in certain circumstances. All directors should understand their duties and legal obligations and the situations which could give rise to personal liability.
Debt collection: the power of a Statutory Demand
January 28, 2020
A statutory demand can be a very powerful tool for collecting money that is owed to you by a company. This article sets out the benefits of using a statutory demand as a method of very quickly and effectively collecting a debt.
Selecting a lawyer in a commercial dispute
December 19, 2019
In this article we will explain some of the issues that you need to consider when selecting a lawyer to represent you if you become involved in a commercial dispute and your company is facing litigation.
Commercial
Choosing a Structure for Your Business
April 6, 2021
The choice of business structure is an important decision to make at the start of a business venture, as the structure can impact on tax implications and reporting requirements during the lifetime of the business.
Employee or contractor - do you know the difference?
February 22, 2021
It's important to determine whether workers should be classified as employees or independent contractors as tax, super and other obligations are different, depending on whether the working arrangement is employment or contracting.
Contractual obligations in the wake of COVID
October 6, 2020
COVID-19 presents many challenges for individuals and businesses, among them, understanding their legal rights and responsibilities under existing contracts which may contain obligations that are now difficult to fulfill.
Shareholder agreements - why your company needs one
July 28, 2020
A shareholder agreement sets out the rights and obligations of each business owner and the processes for resolving disputes and deadlocks. The Grill'd case shows the potential pitfalls of not having a shareholder agreement in place.
Unfair contracts - are you complying with the law?
April 14, 2020
The Unfair Contract Terms Regime has been extended to cover standard form contracts entered into with ‘small business’, this is in addition to the extensive compliance and regulatory obligations under existing laws.
Important updates for business - COVID-19
April 14, 2020
The Federal Government's response to the economic threats posed by COVID-19 include measures to alleviate some of the financial hardship faced by many businesses and provide safeguards to help them survive after the crisis.
If a company is insolvent what are the options?
March 3, 2020
There are significant penalties for allowing your company to trade whilst insolvent. If your company is in financial difficulty and heading towards insolvency you should seek immediate legal or financial advice on your options.
Wills & Estates
Estate law: FAQ on Estate Planning
July 21, 2021
There are many things to consider when preparing a new Will or updating an old one that can help ensure that your Will is valid and that your assets are distributed in accordance with your wishes after your death.
Estate planning: Accessing digital assets
June 17, 2021
In a ‘paperless’ world, it has become difficult to deal with a deceased person’s online assets. Good management and consideration of your digital assets in your estate plan will help your family manage your online life after you are gone.
Estate Planning: Power of Attorney
May 13, 2021
Most people over 18 years of age should have a Power of Attorney in place appointing someone you trust to handle your legal and financial affairs in planned circumstances, or indefinitely should the unforeseen occur.
Family provision: de facto relationships and Will contests
February 22, 2021
There are statutory rights for eligible persons to contest an unfair Will if they can show that they have been left without adequate provision by the testator, this includes a spouse, de facto partner, or child (of any age) of the deceased.
Estate Planning: What a Will Kit doesn't do
October 6, 2020
You can prepare a valid Will on-line, however there is considerable risk that it will not be tailored to your unique circumstances, may not achieve exactly what you want and may not take advantage of structures to protect assets and save tax.
Replacing officeholders of discretionary trusts
July 28, 2020
Discretionary trusts can be an excellent vehicle for the day to day management of wealth. The need to replace an Appointor or Guardian may arise because of conflict or as a result of the death or incapacity of an officeholder.
Challenging a deceased estate - have you missed out?
May 20, 2020
In certain circumstances the Court may change a deceased person’s Will or administration on intestacy to award a person funds or assets from the estate, there are strict time limits and eligibility criteria for making claims.
Factors affecting the capacity to make a Will
April 14, 2020
A Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will - provided you have capacity. How is capacity determined?
Dealing with deceased estates - Executor duties
March 3, 2020
Dealing with deceased estates can be complex and often involves a substantial amount of paperwork. After a person dies someone has to look after the assets of that person, pay the person's debts and wind up their affairs.
What is a Testamentary Trust?
January 28, 2020
In this article we explain some things you may need to know about testamentary trusts (a trust created in a Will) and outline their benefits and some of the reasons why you might consider including one in your estate plan.
Estate planning - common misconceptions
December 19, 2019
Estate planning involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your wishes and covers unexpected events.
Property
Buying a residential property
June 17, 2021
Buying a residential property in Victoria can be a complex and overwhelming task! This article outlines a purchaser’s rights and obligations, legal documents and processes involved in purchasing a property.
Traps to avoid in commercial leases
April 6, 2021
Commercial leases form part of many business transactions and commercial property is a popular investment choice. Whether you are a tenant or landlord, there is much to consider when entering into a commercial lease.
Property disputes between co-owners
November 16, 2020
Property disputes between co-owners are common. They can be very complex and often arise during the course of other legal issues such as family law proceedings and business disputes, causing financial and emotional anguish.
Retail leasing - disclosure requirements
September 3, 2020
To ensure complete transparency retail lease legislation provides that landlords of retail premises are required to provide tenants with all information that is relevant to a tenant’s decision about whether or not to enter into a lease.
Commercial Leasing and COVID-19 - Code of Conduct
May 20, 2020
The Federal Government has released a Mandatory Code of Conduct – Commercial Leasing Principles applicable to certain landlords and tenants when negotiating leasing arrangements during COVID-19.
Commercial Leases - things you should know
December 19, 2019
When renting business related property it is important for both landlords and tenants to understand the relationship they are entering into and the rights and obligations that they each have under the terms of the lease.
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